Restaurant Insurance Online :: News
SHARE

Share this news item!

AFCA Rules in Favor of Restaurant in Arson Insurance Dispute

Insurer Ordered to Honor Claim Despite Director's Past Convictions

AFCA Rules in Favor of Restaurant in Arson Insurance Dispute?w=400

The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.

In a landmark decision, the Australian Financial Complaints Authority (AFCA) has directed an insurer to honor an arson-related claim for a restaurant, despite the non-disclosure of the director's criminal history during the policy's inception.
This ruling underscores the complexities surrounding disclosure obligations and the interpretation of policy terms.

The case centers on a restaurant that secured insurance coverage from QBE. On August 2 of the previous year, the establishment suffered extensive damage due to an arson attack, leading to significant property loss and business interruption. While the perpetrator was apprehended, QBE declined the claim, citing the director's failure to disclose prior criminal convictions.

The director contended that the omission was unintentional and emphasized his efforts toward rehabilitation. He proposed paying any additional premiums that might have been applicable had his criminal history been disclosed, in exchange for the claim's settlement.

QBE maintained that full disclosure would have led to a refusal to offer coverage. However, AFCA highlighted the insurer's inability to provide concrete evidence of the specific questions posed during the policy's initiation. The broker utilized an electronic platform linked to QBE's systems, but the insurer did not furnish screenshots or detailed records of the application process.

AFCA noted that one of the potential questions asked whether "the insured" had been convicted of a criminal offense. Given that the insured entity was a company, which had no criminal record, the question's applicability to the director's personal history was ambiguous.

The authority concluded that QBE failed to establish a clear breach of the duty of disclosure by the insured. Consequently, the insurer was instructed to reinstate the policy and proceed with the claim's assessment in accordance with the policy's terms and conditions.

This ruling carries significant implications for restaurant and café owners. It highlights the importance of understanding disclosure obligations and the potential consequences of non-disclosure, even if unintentional. Business owners should engage in transparent communication with their insurers and brokers to ensure all relevant information is accurately conveyed during the policy application process.

Moreover, this case serves as a reminder for insurers to maintain meticulous records of the underwriting process and to ensure that application questions are clear and unambiguous, particularly when dealing with corporate entities and their directors.

In summary, the AFCA's decision reinforces the necessity for clarity and transparency in the insurance application process, benefiting both insurers and policyholders in mitigating disputes and ensuring fair outcomes.

Published:Sunday, 5th Apr 2026
Author: Paige Estritori

Please Note: We do not endorse any specific products or companies. Some content is sourced from third parties, including press releases, and may not be independently verified for accuracy or completeness.

Share this news item:

Rate this article

0 Comments

No comments yet. Be the first to share your thoughts.

Insurance News

What the Right to Disconnect Means for Restaurant Risk
What the Right to Disconnect Means for Restaurant Risk
16 Sep 2026: Paige Estritori
Australia's right-to-disconnect rules are now part of the employment landscape for small businesses, adding a fresh compliance issue for restaurants, cafes and takeaway operators. The change gives eligible employees a workplace right to refuse unreasonable work-related contact outside their ordinary hours, depending on the circumstances. For hospitality venues, where rosters shift quickly and managers often rely on texts, calls and group chats, the practical impact can be significant. - read more
Why Underinsurance Is Becoming a Bigger Risk for Restaurants
Why Underinsurance Is Becoming a Bigger Risk for Restaurants
09 Sep 2026: Paige Estritori
Fresh insurance industry attention on small business underinsurance is a timely reminder for Australian restaurants, cafés and takeaway operators to check whether their policy limits still reflect the real cost of getting back to trade. Premium pressure often receives the most attention at renewal time, but the larger risk can be a quiet gap between what a venue is insured for and what it would actually cost to replace, repair or reopen after a major loss. - read more
Why Cyber Risk Belongs in Every Restaurant Insurance Review
Why Cyber Risk Belongs in Every Restaurant Insurance Review
26 Aug 2026: Paige Estritori
Fresh attention on cyber incidents across Australian businesses is a timely warning for restaurants, cafés and takeaway operators. Hospitality venues may not always see themselves as data-heavy businesses, but modern food service increasingly depends on connected systems: point-of-sale terminals, booking platforms, delivery apps, QR ordering, loyalty databases, rostering tools and cloud accounting. - read more
Why Allergen Management Is an Insurance Issue for Restaurants
Why Allergen Management Is an Insurance Issue for Restaurants
19 Aug 2026: Paige Estritori
A renewed focus on allergen management across Australian hospitality is a practical reminder that food safety is not only a compliance issue. For restaurants, cafés and takeaway venues, it can also become a serious insurance issue if a customer suffers an allergic reaction after relying on menu information, staff advice or preparation practices. - read more
Why Battery Fire Risk Is Now on the Menu for Restaurants
Why Battery Fire Risk Is Now on the Menu for Restaurants
12 Aug 2026: Paige Estritori
Renewed insurance industry attention on lithium-ion battery fires is a practical warning for Australian restaurants, cafes and takeaway venues. The risk is no longer limited to consumer gadgets at home. Many hospitality businesses now rely on battery-powered delivery equipment, cordless tools, portable payment devices, tablets, power banks and rechargeable cleaning equipment, often used across long trading hours and charged on site after closing. - read more


Restaurant Insurance Articles

The Role of Staff Training in Reducing Liability Risks in Your Restaurant
The Role of Staff Training in Reducing Liability Risks in Your Restaurant
Running a restaurant involves navigating a myriad of potential liabilities. From food safety issues to customer injuries on premises, the risks are numerous. In recent years, liability concerns have become even more pressing in the restaurant industry, as businesses face strict regulations and the potential for costly litigation. - read more
What Affects Restaurant Insurance Costs in Australia
What Affects Restaurant Insurance Costs in Australia
Restaurant insurance costs in Australia can vary widely because insurers assess each venue's risks, selected covers and operating details differently. This guide explains the main factors that may influence premiums, including business size, location, cooking methods, alcohol service, sums insured, excesses, claims history and risk controls. - read more
Business Interruption and Income Protection for Restaurant Owners
Business Interruption and Income Protection for Restaurant Owners
Business interruption cover and income protection can both relate to lost income, but they protect different risks. This guide explains how each type of cover may apply to Australian restaurant owners. - read more
What Restaurant Insurance Covers in Australia
What Restaurant Insurance Covers in Australia
Restaurant insurance can combine several types of cover, including liability, property, stock, business interruption and commercial vehicle protection. This guide explains common inclusions, exclusions and conditions Australian restaurant and cafe owners should review before requesting a quote. - read more
Navigating the Insurance Landscape: Financial Strategies for Restaurant Owners
Navigating the Insurance Landscape: Financial Strategies for Restaurant Owners
In the bustling world of hospitality, restaurant owners face a unique set of challenges that can impact their financial stability. From unexpected kitchen mishaps to customer accidents, understanding the unique risks in the hospitality industry is crucial. These risks can lead to significant financial burdens if not properly managed. - read more

Knowledgebase
Replacement Cost:
The amount it would cost to replace or rebuild an insured asset with one of similar kind and quality, without depreciation.